Does married filing jointly mean we also file our FBAR jointly?
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Short answer
No. Filing a joint tax return doesn't decide whether spouses can file one FBAR. The spousal exception has its own three conditions.Source 1
How the rule works
The IRS says income-tax filing status, married filing jointly or separately, has no effect on the spousal exception. A non-U.S.-person spouse who joins a joint return through an election under IRC 6013(g) or (h) doesn't become a U.S. person for the FBAR. Start with each spouse's foreign accounts and signature authority, then check whether every account the non-filing spouse must report is jointly owned with the filing spouse.Source 1Source 2Source 3
Example
A couple files Form 1040 jointly. One spouse also holds a foreign savings account in their own name, in addition to the couple's joint accounts. That spouse can't be the non-filing spouse. The couple can still file one FBAR if the spouse with the separate account is the one who files.Source 3
What to check
Related questions
- Can my spouse and I file one FBAR together?
- Do spouses combine separately owned accounts for the $10,000 FBAR threshold?
- Can spouses file one FBAR if one spouse has signature authority over an employer's foreign account?
- Can we file one FBAR if one spouse has an account in their own name?
- The $10,000 aggregate thresholdHow to add up your accounts and when the total triggers a filing.
Full rules and more examples: Joint accounts, spouses and children
Sources
Official sources used for this page.
Source 1: IRS, Report of Foreign Bank and Financial Accounts (FBAR) (opens in a new tab)
U.S.-person and $10,000 tests, spousal exception, irrelevance of income-tax filing status and extensions for certain employees and officers.
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Source 2: IRS, Internal Revenue Manual 4.26.16 — FBAR (opens in a new tab)
Financial interests, signature authority, U.S. residency (including 6013(g)/(h) elections and treaties), family attribution, spousal filing, Form 114a parts and amended-FBAR identifiers.
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Source 3: FinCEN, Filing for Spouse (opens in a new tab)
Three conditions for reporting jointly owned accounts on one spouse's FBAR and use of Form 114a.
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Source 4: FinCEN, Reporting Jointly Held Accounts (opens in a new tab)
Part III instructions, full account values, joint owner count, principal joint owner identity and blank items.
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